Ilavarasan v. State Rep By Station House Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Ilavasaran ... Petitioner /Accused Vs.
State rep. by Station House Officer, Cyber Crime Police Station, Puducherry.
... Respondent/ Complainant Crime No.3 of 2025 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest concerned in Crime No.3 of 2025 on the file of the respondent police. For petitioner : Mr.V.Jegadeesan For Respondent : Mr.K.S.Mohandoss, Additional Government Pleader (Pondicherry)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 79, 351(3) of BNS and Section 67 and 67(A) of the Information Technology Act, 2000, in Crime No.3 of 2025, seeks anticipatory bail.
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2. It is the case of the prosecution that the petitioner sent obscene messages to the defacto complainant through the True Caller Application and further demanded sexual favours.
3. The learned counsel for the petitioner would submit that the allegations are false and, in any case, without prejudice to his defence, the petitioner has sincerely expressed his apologies to the defacto complainant; and that the petitioner will never indulge in such offences again and sought for anticipatory bail to the petitioner.
4. Heard the learned Government Advocate (Crl.Side), who reiterated the prosecution case.
5. The petitioner, without prejudice to his defence, has now filed an undertaking affidavit that he will not disturb the defacto complainant anymore; and that he will not indulge in such offences in the future. Page No.2 of 6
6. Considering the nature of the allegations and the aforesaid facts, and since custodial interrogation of the petitioner is not required for the purpose of investigation, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Puducherry, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000 (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass book to ensure their identity.
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[b] the petitioner shall report before the respondent police daily at 10:30 a.m. until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/ Trial Court himself as laid down by the Hon'ble Supreem Court in "P.K.Shaji -vs- State of Kerala" reported in (2005) AIR SCW 5560.
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
12.03.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No Page No.4 of 6
skr To
1. Station House Officer, Cyber Crime Police Station, Puducherry.
2. The Public Prosecutor, Madras High Court, Chennai.
3. Learned Judicial Magistrate, Puducherry Page No.5 of 6
SUNDER MOHAN, J.
skr 12.03.2025 Page No.6 of 6